SATENDRA SHARMA Vs. HOME DEPT.

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the inaction on the part of the respondents to grant the pensionary benefits under old pension scheme to the petitioner, holding him to be an appointee prior to 1/1/2005.

(3.) In brief, the facts of the case are that the petitioner participated in an advertisement dtd. 19/6/2004, and was selected on the post of Guard and was allotted District Dhar vide letter dtd. 24/8/2004. Subsequent to his selection, the petitioner also submitted his documents for verification before the respondent No.2 Superintendent of Police - Dhar, who, vide his letter dtd. 25/8/2004 directed the petitioner to submit all the relevant documents within three days time and also fill up the verification Form and submit it before the Authority. The aforesaid Form was submitted by the petitioner in the Office of Superintendent of Police, Dhar on 2/9/2004 and subsequently, petitioner's character verification report was also submitted to the Office of S.P. Dhar on 12/9/2004. However, as the petitioner was also residing at District Bhind, hence, the S.P. Dhar also sent a letter dtd. 3/9/2004 to S.P. Bhind for verification of the petitioner's character. However, S.P. Bhind, did not file the character verification report and, hence, reminder was also sent to him on 27/12/2004 and 13/1/2005. However, S.P. Bhind vide his letter dtd. 18/1/2005, informed the S.P. Dhar that he has not even received the documents referred in his letter. Thus, another set of documents were sent by S.P. Dhar to S.P. Bhind for verification on 20/1/2005, and S.P. Bhind subsequently sent the character verification report on 31/1/2005 and thereafter the appointment order was issued to the petitioner on 16/2/2005.